Pennsylvania has a new law on AI-made content in advertising. The legislature's bill record shows that Governor Josh Shapiro approved Senate Bill 806 on 22 October, as Act 99 of 2026. The Senate passed the bill 48-2 on 10 June and the House passed it 163-40 on 7 October. City & State Pennsylvania reports that it was one of 58 bills the governor signed that Thursday.
The enacted text defines synthetic content as information, including images, video, audio and text, that AI has significantly modified or generated. An advertiser may not create and disseminate an ad that uses such content in a manner that creates a "false consumer perception" about the nature, origin or authenticity of the advertised goods or services, unless the ad carries a clear and conspicuous disclosure. The label must state that the ad contains content modified or generated using AI. It must appear the first time the content is shown, use the same medium as the content and, where technically feasible, be permanent or "extraordinarily difficult to remove". The act sets detailed visibility and audibility standards for screen, audio and print formats.
Content that is evidently fictional is exempt, as are parody, satire, commentary, criticism and content limited to text. A disclosure does not limit any other legal remedy. The attorney general or the relevant district attorney may seek an injunction or bring a civil action, and a court may award a civil fine of no more than $3,000 plus actual attorney fees and court costs. The act takes effect in 60 days, which is 21 December 2026.
In a note on the law, firm Loeb & Loeb points out that the Senate struck a requirement that the advertiser act knowingly, recklessly or wilfully, so there is no knowledge test, and that the act gives no private right of action. Loeb compares it with New York and California, which require disclosure of synthetic performers; Pennsylvania's text does not mention performers. The firm says it is not yet clear how broad the false-perception trigger will be, and that the sponsor's floor remarks went further than the enacted text. The sponsor, Democratic Senator Nick Pisciottano, described the law to City & State as an important advance for consumer protection in the state.
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Pennsylvania General Assembly ↗Regulator · 22 Oct 2026
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